Udrive Rent a Car LLC (Udrive) is a car rental service for the very first time in the UAE with a concept that gives 24/7 access of Udrive vehicles to its Clients. So, either you are going for a meeting, hang out late night with friends or go out for shopping, Udrive gives you access to convenient transportation anywhere, everywhere. This service is available to people that have been approved through an application process and registered as Clients by Udrive. This Agreement governs the relationship, rights, and obligations between Udrive and the Client for the use of Udrive Vehicles. This Agreement does not itself confer any right to use Udrive vehicles. By using a Udrive vehicle the Client agrees and adhere to all Terms and Conditions of Udrive as well as this Agreement.
The Client declares that they he/she received all explanations as they may have reasonably requested concerning the content of this agreement and that he/she has carefully reviewed and understands all his/her commitments and obligations in this agreement. The Client declares that he/she understands this agreement contains terms related to damages, liability and indemnification and that they understand that this agreement may impact their rights and responsibilities in the event of any damage to Udrive vehicles or third parties. By applying for Membership or using a Udrive vehicle the Client agrees as follows.
In this Agreement, except as otherwise expressly provided, or unless the context otherwise requires:
- ‘Account Page’ means the Client's personal account section of Udrive's website
- ‘Agreement’ means this Agreement as amended or supplemented in writing from time to time;
- 'Application' means the Client's application for Membership with Udrive;
- 'Driver's License' means a driver's license that authorizes the person to whom it is issued to operate a motor vehicle in the jurisdiction where he or she uses any Udrive vehicle;
- 'Eligible' or 'Eligibility' means a person who meets the Eligibility Requirements pursuant to Schedule 'B'
- 'Fees' means all fees, costs and charges applicable under this Agreement pursuant to the Fees;
- 'The Zone' means the area delineated by Udrive pursuant to the business area for commencement and termination of a Trip;
- 'Invoices' means a summary of all fees and other amounts for which a Client is responsible that relate to use of a Udrive vehicle or other amounts owing pursuant to this Service Agreement, which will be generated on a regular basis and which may be made available on the website and on select affiliated websites;
- 'Client' means the party to this Agreement and approved by Udrive through an application process and issued a Membership Card;
- 'Membership Card' means the Radio Frequency Identification (RFID) chip-embedded card provided by Udrive to the Client;
- 'Membership Access' means the electronic access provided to a client which enables him/her to access a car via the Udrive Android or iOS App through a username and password
- 'Parking Rules' means the parking rules as per UAE Traffic Police Dept., identifying the locations within -- The Zone where a Udrive Vehicle may be parked;
- 'Business Zone' means the area in which Udrive vehicles can operate, which generally includes the city in the UAE in which the Udrive Vehicle is registered as per the number plate, but may be appointed by Udrive in the Udrive Mobile Application or Website
- 'Person' means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association, trust, government, governmental agency or board or commission or authority, and other forms of entity or organization and any reference to a Person shall include and shall be deemed to be a reference to that Person's successor;
- 'Udrive Vehicle' means any motor vehicle registered to Udrive and used in connection with Udrive's car rental business under the concept described in this agreement, the Udrive Terms and Conditions and the Udrive website, including all hardware or other property installed or affixed thereto;
- Udrive's Website' means www.Udrive.ae and such other websites as may be specified by Udrive from time to time;
- 'Trip Period' means the span of time between a Vehicle Activation and Vehicle Deactivation (Closing the Udrive vehicle through the access method provided to the Client by Udrive);
- 'Vehicle Activation' means accessing/opening the Udrive vehicle through the access method provided to the Client by Udrive); and
- 'Vehicle Deactivation' means closing the Udrive vehicle through the access method provided to the Client by Udrive.
The following schedules ('Schedules') attached to this Agreement and posted on Udrive's website are incorporated by reference and shall be deemed to form a part of this Agreement:
The current version of this Agreement and the Schedules are available at Udrive's website. Udrive reserves the right to amend, supplement, or replace this Agreement, including the Schedules, from time to time and shall give notice of such changes to the Client. Such notice shall be deemed given to the Client upon being provided by Udrive in accordance with this Agreement. The Client acknowledges and agrees that all modifications of this Agreement shall be in effect for and binding on the Client in exchange for and as a condition of the Client's continued rights under this Agreement, including the use of Udrive vehicles. By reserving a Udrive Vehicle or otherwise using a Udrive Vehicle following Udrive's notice of any modification to this Agreement, the Client acknowledges and agrees to the terms of such modification.
The Client is required to be 23 years or above, holding a driving license for over 1 year in the UAE or outside the UAE which is recognized as per the concerned Authorities. He / She needs to be in a mental and health state which fulfills and complies with the legal requirements of UAE laws.
Following International Driving Licenses are recognized by the authorities: Austria, Belgium, Spain, Germany, France, Ireland, Netherland, Italy, United Kingdom, Turkey, Greece, Switzerland, Norway, Denmark, Sweden, Romania, Poland, Finland, Portugal, Canada, United States of America, Kuwait, Saudi Arabia, Bahrain, Oman, Qatar, South Korea, New Zealand, Hong Kong, Japan, Australia, Singapore, South Africa.
The Client has reviewed the Eligibility Requirements and represents and warrants that they are Eligible.
The Client agrees to cooperate in providing Udrive all information necessary to confirm their Eligibility. Udrive reserves the right to request additional information, at any time. Udrive reserves itself the right to reject a Client at its own discretion.2.2. Additional Criteria
The Client acknowledges that Udrive may add additional requirements to the Eligibility Requirements at any time and that such additional requirements may disqualify the Client.2.3. Ongoing Eligibility Requirements
Because driving a Udrive vehicle requires maintaining a safe driving record, Udrive may, from time to time, check Clients' driving records and reserves the right, in its sole discretion, to suspend or terminate this Agreement. In addition, Udrive may at any time require Clients to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction of residence.2.4. Loss of Eligibility
If the Client's license is suspended or revoked or becomes invalid, if the Client has any further endorsements or accidents on their driving record, or if the Client is convicted of or receives a citation for driving under the influence of alcohol or drugs, dangerous or reckless driving, or exceeding the relevant speed limit, the Client agrees to report such suspension, revocation, changes, conviction, or citation to Udrive promptly. Failure to notify Udrive of any such events may lead to the Client not being covered by Udrive's insurance policy when driving a Udrive Vehicle and/or termination of this Agreement. The Client should at no time access or use a Udrive vehicle when he/she does not legally comply with the laws of the UAE or any legal rules and regulations or any of the Udrive terms and conditions as well as this agreement.
This Agreement shall commence upon Udrive's acceptance of the Application and sending a confirmation email to the Client along with the Username and Password and issue of a Membership Card or with the Access of the Client to the Udrive Apps or Vehicles and shall continue until terminated in accordance with the provisions herein.3.2. Communications
Udrive may contact the Client in relation to any matter that may arise under this Agreement or the Client's use of a Udrive Vehicle by phone, text message, email, or other method of communication. The Client authorizes such contact and is responsible for any cellphone or other fees related to such contact. The contact details provided by the Client upon the registration with Udrive is considered as the legal contact of the Client and all communications, legal notifications and information will be provided to the same. The Client is required to ensure that these communication methods are properly working and accepts all responsibilities in case if there is a communication failure.3.3. Termination by Client
The Client may terminate this Agreement at any time by written notice, paying all outstanding Fees, and returning all other Udrive property in the Client's possession or control. The Client Security Fees (if applicable/provided) will be returned after 30 days from the date of termination of the contract to check if there are any Traffic Fines.3.4. Suspension of Use
Udrive may terminate this Agreement, or suspend the Client's use of Udrive Vehicles at any time, if the Client:
- does not pay any Fee at the time Fee is due;
- fails to maintain Eligibility;
- returns a Udrive Vehicle to a location other than a location permitted by the Parking Rules and Business Area Rules;
- fails to notify Udrive of any defect with a Udrive Vehicle adversely affecting the operation or safety of that Udrive Vehicle; or
- has made a statement or representation to Udrive which is incorrect or has failed to disclose facts or circumstances required to be disclosed under this Agreement.
Notwithstanding the foregoing, Udrive may terminate this Agreement or suspend a Client's use of Udrive Vehicles at any time and for any reason whatsoever, in the sole discretion of Udrive.3.6. Return of Property
Upon termination of this Agreement or suspension of the Client's use of Udrive Vehicles, howsoever caused, the Client shall immediately return to Udrive any Udrive Vehicle and any other property of Udrive in the Client's possession or control as instructed by Udrive. The Client shall be responsible for and agrees to pay any legal fees, court costs, or expenses associated with enforcing any term of this Agreement whether upon termination or otherwise and including any costs relating to recovering any of the foregoing property or any amounts due and owing to Udrive.3.7. Costs
If this Agreement is terminated or the Client's use of Udrive Vehicles is suspended, howsoever caused, Udrive may take possession of any Udrive Vehicle or other Udrive Property in the Client's possession or control and at the Client's expense, and the Client may be charged any applicable Fees.
Nothing in this Agreement transfers or otherwise conveys ownership or any right, title, or interest in any property to the Client, including any Udrive Vehicles. The Client agrees that they will not tamper, destroy, modify, read, copy, manipulate, or reverse engineer the Membership Card or Membership Access, any Vehicle Activation method installed in a Udrive Vehicle, or other any other Udrive Property.4.3. Parking Rules
The Client shall only park the car in free parking areas where the parking is legally allowed for free for an unlimited time by the concerned Authorities or such parking spots which are covered by a parking card provided in the Udrive vehicle. It is the responsibility of the Client to ensure that the parking card is available and applicable. Any damages or unacceptance of a parking permission or card is the responsibility of the Client. Any costs, penalties or fines are solely at the responsibility of the Client and payable by the Client. Any use of payable parking spots will be at the costs of the Client. In case if the Client ends his trip in a payable parking area which is not covered by any parking permission provided by Udrive, the Client will be charged all costs caused through parking at the spot as charged by the Owner/Management of the referring parking spot with an additional Udrive administration and service fee as per the Udrive Fees Schedule. Any other charges that will apply until the time the car was discovered and removed by the Udrive Team, as per the availability and discretion of Udrive, is the liability of the Client and payable by the Client.
Any imposed fines, penalties and fees paid by Udrive to any authorities or third parties are to be paid to Udrive, regardless if paid already or outstanding to be paid by Udrive. Any appeals or reclamations are to be done after the payment.
The Client shall only park / return the car as mentioned above at an uncovered parking, which has no wall, ceiling, roof, tent or any other cover above it. Not complying with this will lead to relocation and other fees and penalties as per the Udrive Fees Schedule.
A Udrive Vehicle may be reserved by a Client through Udrive's Website, a Udrive smartphone application or other authorized mobile applications or otherwise as specified by Udrive from time to time.
A client has 15 minutes to reach the car upon reservation. Client can have one more reservation after the first reservation expired. Multiple reservations are strictly not allowed and chargeble of as per pricing list each exceeding reservation.5.2. Use Without Reservation
The Client may request the use of any Udrive Vehicle without prior reservation provided such Udrive Vehicle is marked 'available' by such method specified by Udrive from time to time.5.3. Inspection for Damage
Before operating a Udrive Vehicle, the Client must inspect the interior and exterior of the Udrive Vehicle for any visible defects, damages, or excessive soiling, and must immediately notify Udrive of any observed defects, damages, or problems to or with the vehicle itself or with any installed technology. If any defects, damages, or excessive soiling are discovered prior to starting the trip, the Client must, at the Client's expense, contact the Udrive Customer Service at 0097145520371 and/or email@example.com and accurately and truthfully inform the Udrive Customer Service of the nature of the discovered defects, damages, or excessive soiling.
The Udrive Customer Service is entitled to prohibit the Client from using the Udrive Vehicle in its sole discretion. A Client's failure to report any deficiency prior to using a Udrive Vehicle may result in that Client being held responsible for the repair, cleaning, or other costs related to the Udrive Vehicle.5.4. Inoperable Udrive Vehicles
If the Client's reported observations result in the Udrive Vehicle being deemed inoperable, the Client may be assigned a different Udrive Vehicle within a reasonable distance in Udrive's discretion and depending on availability.5.5. Vehicle Cleanliness
Udrive depends on its Clients to ensure Udrive Vehicles are returned in a clean state and that all items of personal property belonging to the Client are removed. Udrive makes no representations or warranties as to the cleanliness of any Udrive Vehicles and the Client accepts use of a Udrive Vehicle on an 'as is, where is' basis.5.6. Vehicle Activation
A Trip Period is commenced at the local time at which the Client activates the Udrive Vehicle by holding the RFID chip embedded in the Membership Card to the card reader installed in the windshield area or by opening the car through using the Udrive Mobile App.
In its sole discretion, Udrive may allow activation of a Udrive Vehicle and commencement of a Trip Period through an authorized smartphone application or through such other manners as may be determined by Udrive from time to time. Upon proper activation, the Udrive Vehicle will automatically be unlocked for use by the Client ('Vehicle Activation').5.7. Commencement of Fees
A Client will be charged for use of the Udrive Vehicle commencing upon Vehicle Activation. Fees shall accrue even if the Udrive Vehicle is used in breach of this Agreement, including by a person other than the Client. Fees are also applicable if the car is not driven or used.5.8. Area of Operation
The Client may use a Udrive Vehicle only within the Business Zone. At no time shall the Client cause or otherwise allow a Udrive Vehicle to exit the Business Zone. If the Client causes or allows a Udrive Vehicle to travel outside the Business Zone, the Client will be personally responsible for costs associated with returning the vehicle to the Zone, including, but not limited to, costs associated with vehicle repair, motor-vehicle accidents or collisions, and towing services. The Client responsible for such vehicle will continue to incur charges until the vehicle is returned to The Zone. None of the Udrive vehicles are allowed to be moved or driven outside the UAE.
The end of the trip is initiated by the Client holding the Membership Card with a valid RFID chip to the card reader installed in the windshield area or by smartphone application or in such other manner as may be determined by Udrive from time to time. The trip is ended only if the card reader has correspondingly confirmed the Vehicle Deactivation indicating the Udrive Vehicle is now available for all Clients.
It is the Client's responsibility to confirm Vehicle Deactivation. In the event the Client fails to initiate the Vehicle Deactivation the Trip Period shall continue and the Client shall be responsible for all continued fees incurred in relation to the ongoing Trip Period ('Vehicle Deactivation').6.2. Obligations on Ending a Trip Period
When the Client wishes to end a trip, the Client shall:
- park the vehicle in accordance with the Parking Rules and at allowed locations mentioned in this agreement;
- ensure that the key has been returned to holders in the vehicle;
- ensure that all windows and doors are fully closed and that all lights have been turned off;
- remove all trash from and clean any soiling in the vehicle.
- Make sure that car fuel should be at least 15% or more when ending the trip.
A Udrive Vehicle may not be used by a Client for more than three (03) consecutive days. If a Trip Period exceeds three (03) consecutive days, the Trip Period will be terminated by Udrive. Until the vehicle is returned to The Zone and the trip is ended, the Client will continue to incur fees and/or penalties as specified in the Fees. If payment is not made or is rejected or otherwise unauthorized, Udrive retains the right to repossess the Udrive Vehicle from its then-current location and, to the extent permitted by law, the Client will assume all associated costs, including key replacement, if the Udrive Vehicle key is not promptly returned.6.4. Return to the Zone
The trip may be ended only if the Udrive Vehicle is located within The Zone and in accordance with the Parking Rules. The exact boundaries are usually within the cities of the Udrive vehicles’ registration. Further information shall be obtained from the Udrive Mobile Application or the Udrive Customer Service. The Trip Period may be ended only if the Udrive Vehicle is able to establish a connection with a cellular network or such other method designated by Udrive from time to time. If the Udrive Vehicle cannot establish a cellular network connection but the Client is able to call the Udrive Customer Service, Udrive may end the trip remotely and provide confirmation and exit instructions to the Client. In such an event, Udrive may require the Client to move the Udrive Vehicle to another location permitted by the Parking Rules of this Agreement. Failure to return the vehicle in accordance with this Agreement may result in liability or possible sanctions as per this Agreement.
The Fees for using a Udrive Vehicle and related services are set out in the Fees, as amended from time to time. The Client agrees to pay all amounts when due. All fees for using a Udrive Vehicle begin to accrue upon the commencement of the Trip Period and are payable in full at the end of the Trip Period.7.2. Invoicing
Upon Vehicle Deactivation, the Client shall be invoiced via email, and a copy of the Invoice may be added to the Client's Account Page. The Client acknowledges receipt of notice of all Fees upon the issue of an Invoice. If applicable, Toll / Salik charges, fines and any other costs will be added as per the Client's usage/cause separately.7.3. Payments
Payments shall be made by Visa Card, MasterCard, or such other method as Udrive may authorize in its sole discretion from time to time. The Client hereby authorizes Udrive, including its employees, agents, or any assignees, to charge the Client using the payment information supplied by the Client to Udrive's appointed payment partner.
Such payment method provided by the Client shall have sufficient funds available to cover all Fees incurred by the Client. The Client is solely responsible for any associated credit / debit card charges or fees. The Client hereby authorizes Udrive to reserve credit, with or without an authorization from, through the Client's payment card issuer within 24 hours of the commencement of a Trip Period. In the event a payment card charge is declined by the Client's payment card issuer (either for advanced authorization or incurred charges), Udrive may suspend or terminate the use of Udrive Vehicles by the Client.7.4. Billing History
Trip Period history, Invoices, and payment history may be accessed by the Client on the Client's Account Page or requested from the Udrive Customer Service by email at firstname.lastname@example.org. Refunds or Appeals
Any request for refund or for alteration of Fees or appeals must be received by Udrive within 14 days of the date the Invoice. Refunds and appeals are subject to review and approval in Udrive's sole discretion.
Any objections or appeals after this period will not be considered and the Client acknowledges the same. The Client shall at no time reverse a transaction through its Credit Card company or bank if Udrive has not agreed to the same. Any charges caused or occurring from such an action can be claimed by Udrive from the Client.7.6. Current Payment Information
The Client is responsible for providing and keeping current credit card information on file with Udrive. Failure to keep current credit card information with Udrive may result in Udrive's termination of the Client's Membership.7.7. Collections
Udrive may utilize third parties to collect amounts owed to Udrive by the Client. The Client will also be responsible for any collection or similar fees associated with these collection activities.
The Client is solely responsible for all uninsured damage to a Udrive Vehicle (including major soiling) incurred during the Trip Period and is responsible for the full costs of any uninsured damages or injuries caused to third parties or to their property including:
- the repair costs (estimated or actual for the Udrive Vehicle and third party property);
- injuries to third parties;
- cost associated with the recovery or transportation of any Udrive Vehicles;
- and the loss of use of any Udrive Vehicles or third party property.
In the event that any loss or damage occurs during a Trip Period and insurance coverage is lost or otherwise does not apply due to the actions or conduct of the Client, then the Client is responsible for the full cost of any such loss or damage.8.4. Presumption
Where damage to a Udrive Vehicle is reported or otherwise recorded by Udrive, the last person (meaning other Clients) to use the Udrive Vehicle shall be presumed to have caused and shall be liable to Udrive for the damage absent evidence to the contrary, as may be determined by Udrive in its sole discretion. The Client agrees that, in the event that damage is reported by a person using a Udrive Vehicle after the Client, the Client is responsible for such reported damage.8.5. Loss of Property
The Client is solely responsible if the Client loses any of the Udrive Vehicle's assigned property including a car key, or car documents. In the event that any Udrive Vehicle's assigned property is lost or otherwise not in the Udrive Vehicle at the end of a Trip Period the Client shall pay the full amount for such property as determined by Udrive from time to time and pursuant to the damages portion of the Fees. Udrive will not take the responsibility or liability of any lost properties or items of the Client.8.6. Report of Damage
The Client shall promptly report to Udrive all collisions, accidents, defects, or damage to the vehicle resulting from force or accident in the manner specified in this Agreement, together with a report to police as required.8.7. Police Reports
If the police attend to the scene of a collision involving a Udrive Vehicle, the Client must remain at the site until authorized to leave by Police. If the Police do not attend at the collision site, the Client must report the collision to the nearest collision reporting center or Police Station. The Client shall complete an incident report form in the event of a collision, accident, injury, or other incident and provide a copy to Udrive. It is the responsibility of the Client to ensure that the report is accurate and provided to Udrive for any further use. If not provided, the Client may be held for the partial or full damage and any other additional costs caused.8.8. Entitlement to Compensation
To the extent permitted by applicable law, in all cases, Udrive is entitled to any and all compensation or monies paid in connection with damages to a Udrive Vehicle. In the event the Client receives any such monies, the Client agrees to hold such monies in trust on behalf of Udrive and agrees to promptly make payment of such monies to Udrive.
Udrive provides only basic insurance coverage for all of it cars which includes the full insurance of the car as well as basic coverage for the driver. If the Client wishes any additional insurances, he/she may contact Udrive or any insurance provider and negotiate the same separately. This might be subject to be charged additionally and will require written confirmation.
8.10. Client Deductible Obligations / Excess Amount
The Client will be responsible for a deductible / excess fee as per the Udrive Fees Schedule in the event of any claim in connection with the Client is made under Udrive's insurance policy. This is payable by the customer in case of any damages, accidents, losses with no police report or if the Police issues a white or red accident report.
Any imposed fines, penalties and fees paid by Udrive to any authorities or third parties are to be paid to Udrive, regardless if paid already or outstanding to be paid by Udrive. Any appeals or reclamations are to be done after the payment.8.11. Damages and Client Responsibility
The Client shall be responsible to Udrive for any and all theft of, damages to, or the loss of and loss of use, a Udrive Vehicle or other Udrive property that occurs during a Client's Trip Period. In all cases, where Udrive's insurance policy does not cover a claim or a claim is in excess of the coverage provided by Udrive's insurance policy, the Client is liable for the entire amount of such claim, including the cost of replacement or repair of any involved vehicle and for any and all claims of any kind made by third parties.
Any imposed fines, penalties and fees paid by Udrive to any authorities or third parties are to be paid to Udrive, regardless if paid already or outstanding to be paid by Udrive. Any appeals or reclamations are to be done after the payment.
Notwithstanding anything to the contrary expressed or implied in this Agreement, Udrive shall not be liable to the Client for any general, indirect, or consequential damages or any economic losses of any kind, regardless of whether the liability to which such damages relate arises in contract, tort, or otherwise in law, for any injury, loss, or damage sustained by the Client (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees) arising from this Agreement or the Client's use of a Udrive Vehicle.
The Client shall indemnify and hold harmless Udrive (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees severally and collectively) from any and all losses, claims, demands, liabilities, damages, pleadings, fines, penalties, judgments, and expenses (including, without limitation, legal expenses on a solicitor and his own client basis), suffered or incurred by or brought against any or all of them, including by third parties, by reason of any act or omission of Udrive or its officers, directors, agents, employees, or subcontractors in relation to this Agreement or the Client's use of Udrive Vehicles.
In this Agreement, except as otherwise provided, or unless the context otherwise requires:
- the subdivisions in this Agreement are called, in descending order, "sections," "subsections," "paragraphs," "subparagraphs," "clauses," and "sub clauses";
- the words "herein" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular provision hereof;
- headings inserted in this Agreement are for convenience only and are not intended to interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof;
- words like "including," "specifically," or "particularly," or words of similar import when following any general statement, term, or matter, shall not be construed to limit such general statement, term, or matter to the specific items or matters following such word or to similar items or matters, whether or not non-limiting language (such as "without limitation" or other words of similar import) is used with reference thereto but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter;
- any reference to a statute includes amendments thereto, regulations made pursuant thereto, and to any statute or regulation that supplements, supersedes, or replaces same; and
words importing one gender include all other genders, words in the singular include the plural, and words importing individuals shall include firms & corporations, and, in each case vice versa.
Any term, condition or provision of this Agreement which is deemed to be void, prohibited or unenforceable shall be severable here from without in any way invalidating the remaining terms, conditions and provisions hereof.11.3. Enforcement of Remedies
Any remedy which may be available to a party by virtue of any provision contained in this Agreement and as a consequence of the default of another party shall be in addition to and not by way of substitution for any statutory, common law, or equitable remedy which may also be available and all such remedies may be enforced either successively or concurrently.11.4. Non-Waiver
Neither the granting of any time or other indulgence to any party hereto nor the failure of any party to insist upon the strict performance of any covenant, term, or condition of this Agreement or to enforce its rights hereunder shall be construed as a waiver of its rights or remedies hereunder and the same shall continue in full force and effect.11.5. Further Assurances:
The Client will promptly and duly execute and deliver to Udrive such further documents and assurances and take such further action as Udrive may from time to time reasonably request in order to more effectively carry out the intent and purpose of this Agreement and to establish and protect the rights and remedies created or intended to be created hereby.
Udrive might send to the Client a summarized car rental agreement which he/she must carry during any trip with the Udrive vehicles and present upon demand of a law enforcement officer. If a copy is not provided, the client might use this agreement.
Any notice or other communication required or permitted to be given by Udrive to the Client under the terms of this Agreement shall be sufficiently given to the Client by any one of the following means:
- by a posting on Udrive's Website;
- by a posting in Udrive Vehicles;
- by regular mail to the mailing address the Client maintains with Udrive;
- by email to the email address the Client maintains with Udrive; or
- by telephone to the telephone number the Client maintains with Udrive.
Any notice or other communication required or permitted to be given by a Client to Udrive under the terms of this Agreement shall be sufficient given to Udrive by any one of the following means:
by regular mail to: U Drive Rent a Car LLC, P.O. Box 40493, Dubai, United Arab Emirates
by email to: email@example.com. Every such notice or communication shall be deemed to have been received and given at the time when, in the ordinary course of transmission, it would have been delivered or received at the address to which it was sent.
This Agreement shall be construed and enforced in accordance with, and the rights of the parties hereto shall be governed by, the laws of United Arab Emirates. Each of the Parties hereby irrevocably submit themselves to the jurisdiction of the courts in UAE.11.8. Entire Agreement
This Agreement and the Application constitute the entire agreement between the parties and there are no statements, representations, warranties, undertakings, or agreements, written or oral, express or implied, between the parties hereto except as herein set forth.11.9. Binding Agreement
The terms of this Agreement are contractual and not a mere recital.11.10. Inurement
This Agreement and everything herein contained shall inure to the benefit of and be binding upon the parties together with their personal representatives, successors, and permitted assigns.11.11. Joint and Several
Representations, warranties, covenants, or obligations, when of more than one Person, shall be deemed to be given by each such Person on a joint and several basis.11.12. Assignment
This Agreement is personal to the Client and the Client may not assign this Agreement or any of its rights or obligations hereunder.11.13. Currency
All dirham amounts appearing in this Agreement are in UAE Dirhams unless otherwise stated.
The Client shall:
- Handle Udrive vehicles gently and with care, and adhere to applicable maximum and minimum speeds, as local speed limits and follow UAE traffic rules and regulations.
- At the Client's sole expense, immediately inform the Traffic Police of any instances of collision, or damage to the vehicle resulting from force or accident, followed by informing Udrive Udrive Customer Service Center.
- At the request of Udrive, the Client must transmit to Udrive a copy of traffic report or other documents related to the accident and in the Client's possession.
- Secure the vehicle against theft (windows must be closed and central locking system enabled).
- Ensure that the vehicle is used only in a condition in which it is roadworthy and reliable.
- Drive in a manner that promotes vehicle fuel economy.
- Refuel the car only at the Petrol Stations of EPPCO and ENOC in the UAE and not make any payments for fuel or anything else on behalf of Udrive, except it was confirmed in written by a Udrive Customer Service Representative.
- Comply with all laws applicable to operation of the vehicle.
- Park the vehicle in accordance with the Parking Rules in the designated unlimited free and absolutely uncovered (no ceiling, wall, roof, tent or any other cover above the car) parking spaces in the business area assigned; or at any spaces for which Udrive has made a permission available at its own discretion again with no cover above the car
- Immediately notify Udrive by phone on 0097145520371 or by email on firstname.lastname@example.org if the Membership Card, other access method, is lost or stolen so that Udrive may deactivate the access method or card and notify Client of any such Membership deactivation by phone, text, email, or other communication method. Client shall pay any fees or expenses:
- To replace the Membership card or other access method, and
- For any damages and costs resulting from the loss or theft of the foregoing items.
- Notify Udrive of any tickets and/or warnings for traffic or driving offences received while operating a vehicle or during the trip, including parking tickets. Regardless if Udrive is informed of any tickets or warnings for traffic or driving offences, the Client agrees to bear all costs, fines and administration charges caused.
- Keep any passwords, PINs, or other similar types of access codes in strict confidence and not make passwords, PINs, or other similar types of access codes available to third parties, including noting passwords, PINs, or other similar types of access codes on or near the Membership card or other access devices. At no time should a password, PIN, or other similar type of access code be recorded in written or electronic form. Client must pay for any associated costs and/or damages arising from unauthorized use by third parties. If a Client has reason to believe a third party may have obtained unauthorized knowledge of a password, PIN, or other similar access code, the Client must change the compromised password, PIN, or other similar access code or inform Udrive immediately.
- Provide and maintain current email, mobile phone, home address, mailing address, and other account information.
- At Udrive's request, provide the precise location of any Udrive Vehicle being used by the Client.
- At Udrive's request, allow the inspection of any Udrive Vehicle by Udrive or any third party.
- Use the vehicle while under the influence of alcohol, drugs, or medication that could adversely impact his/her ability to drive; drinking alcohol and driving is strictly prohibited (for alcohol as well as drugs, whether legally prohibited, prescribed or otherwise). We have a zero-tolerance policy.
- Allow third parties to drive a vehicle (including individuals who are themselves Clients, but who did not initiate the current trip).
- Give, lend, or provide a method of access to any third party who may then drive a vehicle.
- Drive the vehicle off paved roadways or in motor sports events or races of any kind.
- Engage in any distracting activity prohibited by applicable laws, rules, or regulations and/or use any hand-held electronic device while operating the vehicle.
- Use the vehicle for vehicle tests, driving classes, or to transport individuals as part of a commercial business.
- Use the vehicle to transport flammable, poisonous, or otherwise dangerous goods for other than household use and in amounts greater than what is usually consumed in a household.
- Transport objects with the vehicle that could—due to their size, shape or weight—adversely impact the vehicle's handling safety or damage the interior of the vehicle.
- Use the vehicle in the commission of a crime.
- Smoke or use tobacco products in the vehicle, or allow passengers to smoke or use tobacco products in the vehicle.
- With the exception of a guide animal accompanying a Client or passenger with a disability or a pet of a Client (which guide animal or pet must be stored in an airline-approved animal carrier), take animals into the vehicle.
- Excessively soil the vehicle or leave trash of any kind in the vehicle.
- Remove objects that are attached to the vehicle or form part of the vehicle's equipment.
- Drive with more passengers than there are passenger seat belts in the vehicle or legally allowed.
- Personally, perform or authorize repairs or any conversions on or to the vehicle.
- Use the vehicle in an imprudent, negligent, or abusive manner, or in any other manner deemed inappropriate by Udrive, in its sole discretion.
- Use the vehicle to propel or tow any vehicle, trailer, or other object.
- Use the vehicle to carry persons or property for hire.
- Any costs, fines, damages or otherwise caused expenses through not adhering the points mentioned above will be charged to the account of the Client and payable with immediate effect through the committed payment channels.
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The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location to show you a location map with relevant information as per our services offered. We may share your current location with other users or partners.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. This might limit and affect the functionality of the App and our service.
We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
- if Udrive is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please call us on 800UDRIVE or mail us at email@example.com.